It is the policy of the state of West Virginia to provide,
within constitutional limitations, for fair housing throughout the
state.

§5-11A-3. Definitions.

As used in this article:

(a) "Commission" means the West Virginia human
rights commission;(b) "Dwelling" means any building, structure or
portion thereof which is occupied as, or designed or intended
for occupancy as, a residence or sleeping place by one or more
persons or families, and any vacant land which is offered for
sale or lease for the construction or location thereon of any
such building, structure or portion thereof; (c)
"Family" includes a single individual;(d) "Person" includes one or more individuals,
corporations, partnerships, associations, labor organizations,
legal representatives, mutual companies, joint-stock companies,
trusts, unincorporated organizations, trustees, trustees in
cases under Title 11 of the United States Code, receivers and
fiduciaries;(e) "To rent" includes to lease, to sublease, to
let and otherwise to grant for a consideration the right to
occupy premises not owned by the occupant;(f) "Discriminatory housing practice" means an act
that is unlawful under section five, six, seven or nineteen of
this article;(g) "Handicap" means, with respect to a person:

(1) A physical or mental impairment which substantially
limits one or more of such person's major life activities;(2) A record of having such an impairment; or(3) Being regarded as having such an impairment, but such
term does not include current, illegal use of or addiction to
a controlled substance, as defined in Section 102 of the
Controlled Substances Act, Title 21, United States Code,
Section 802;

(h) "Aggrieved person" includes any person who:

(1) Claims to have been injured by a discriminatory
housing practice; or(2) Believes that such person will be injured by a
discriminatory housing practice that is about to occur;

(i) "Complainant" means the person, including the
commission, who files a complaint under section eleven of this
article;(j) "Familial status" means:

(1) One or more individuals who have not attained the age
of eighteen years being domiciled with:

(A) A parent or another person having legal custody of
such individual or individuals; or(B) The designee of such parent or other person having
such custody with the written permission of such parent or
other person; or

(2) Any person who is pregnant or is in the process of
securing legal custody of any individual who has not attained
the age of eighteen years;

(k) "Conciliation" means the attempted resolution
of issues raised by a complaint or by the investigation of such
complaint through informal negotiations involving the aggrieved
person, the respondent and the commission;(l) "Conciliation agreement" means a written
agreement setting forth the resolution of the issues in
conciliation;(m) "Respondent" means:

(1) The person or other entity accused in a complaint of
an unfair housing practice; and(2) Any other person or entity identified in the course of
investigation and notified as required with respect to
respondents so identified under subsection (a), section eleven
of this article; and

(n) The term "rooming house" means a house or
building where there are one or more bedrooms which the
proprietor can spare for the purpose of giving lodgings to such
persons as he chooses to receive.

§5-11A-4. Application of article.

(a) The prohibitions against discrimination in the sale or
rental of housing set forth in section five of this article shall
apply to all dwellings except as hereinafter exempted. Nothing in
section five of this article, other than subsection (b) of this
section, shall apply to the rental of a room or rooms in a rooming
house occupied by the owner as a place of residence and containing
no more than four rented rooms or rooms to be rented. Solely for
the purposes of familial status, nothing in section five shall
apply to:

(1) Any single-family house sold or rented by an owner:
Provided, That such private individual owner does not own more
than three such single-family houses at any one time: Provided,
however, That in the case of the sale of any such single-family
house by a private individual owner not residing in such house
at the time of such sale or who was not the most recent resident
of such house prior to such sale, the exemption granted by this
subsection shall apply only with respect to one such sale within
any twenty-four month period: Provided further, That such bona
fide private individual owner does not own any interest in, nor
is there owned or reserved on his behalf under any express or
voluntary agreement, title to or any right to all or a portion
of the proceeds from the sale or rental of more than three such
single-family houses at any one time: And provided further, That
the sale or rental of any such single-family house shall be
excepted from the application of this article only if such house
is sold or rented:

(A) Without the use in any manner of the sales or rental
facilities or the sales or rental services of any real estate
broker, agent or salesman, or of such facilities or services
of any person in the business of selling or renting dwellings,
or of any employee or agent of any such broker, agent,
salesman or person; and(B) Without the publication, posting or mailing, after
notice, of any advertisement or written notice in violation of
subsection (c), section five of this article; but nothing in
this proviso shall prohibit the use of attorneys, escrow
agents, abstractors, title companies and other such
professional assistance as necessary to perfect or transfer
the title; or

(2) Rooms or units in dwellings containing living quarters
occupied or intended to be occupied by no more than four
families living independently of each other, if the owner
actually maintains and occupies one of such living quarters as
his residence.

(b) For the purposes of subsection (a) of this section, a
person shall be deemed to be in the business of selling or renting
dwellings if:

(1) He has within the preceding twelve months participated
as principal in three or more transactions involving the sale or
rental of any dwelling or any interest therein;(2) He has within the preceding twelve months participated
as agent, other than in the sale of his own personal residence,
in providing sales or rental facilities or sales or rental
services in two or more transactions involving the sale or
rental of any dwelling or any interest therein; or(3) He is the owner of any dwelling designed or intended for
occupancy by or occupied by five or more families.

§5-11A-5. Discrimination in sale or rental of housing and other
prohibited practices.

As made applicable by section four of this article and except
as exempted by sections four and eight of this article, it shall
be unlawful:

(a) To refuse to sell or rent after the making of a bona
fide offer, or to refuse to negotiate for the sale or rental of,
or otherwise make unavailable or deny, a dwelling to any person
because of race, color, religion, ancestry, sex, familial
status, blindness, handicap or national origin;(b) To discriminate against any person in the terms,
conditions or privileges of sale or rental of a dwelling, or in
the provision of services or facilities in connection therewith,
because of race, color, religion, ancestry, sex, familial
status, blindness, handicap or national origin;(c) To make, print or publish, or cause to be made, printed
or published any notice, statement or advertisement, with
respect to the sale or rental of a dwelling that indicates any
preference, limitation or discrimination based on race, color,
religion, sex, blindness, handicap, familial status, ancestry or
national origin, or an intention to make any such preference,
limitation or discrimination;(d) To represent to any person because of race, color,
religion, sex, blindness, handicap, familial status, ancestry or
national origin that any dwelling is not available for
inspection, sale or rental when such dwelling is in fact so
available;(e) For profit, to induce or attempt to induce any person to
sell or rent any dwelling by representations regarding the entry
or prospective entry into the neighborhood of a person or
persons of a particular race, color, religion, sex, blindness,
handicap, familial status, ancestry or national origin; orf) (1) To discriminate in the sale or rental, or to
otherwise make unavailable or deny, a dwelling to any buyer or
renter because of a handicap of: (A) That buyer or renter; (B) a
person residing in or intending to reside in that dwelling after
it is so sold, rented or made available; or(C) any person associated with that buyer or renter.

(2) To discriminate against any person in the terms,
conditions or privileges of sale or rental of a dwelling, or
in the provision of services or facilities in connection with
such dwelling, because of a handicap of:

(A) That person;(B) a person residing in or intending to reside in that
dwelling after it is so sold, rented or made available; or(C) any person associated with that person.

(3) For purposes of this subdivision, discrimination
includes:

(A) A refusal to permit, at the expense of the
handicapped person, reasonable modifications of existing
premises occupied or to be occupied by such person if such
modifications may be necessary to afford such person full
enjoyment of the premises, except that, in the case of a
rental, the landlord may where it is reasonable to do so
condition permission for a modification on the renter
agreeing to restore the interior of the premises to the
condition that existed before the modification, reasonable
wear and tear excepted;(B) A refusal to make reasonable accommodations in
rules, policies, practices or services when such
accommodations may be necessary to afford such person equal
opportunity to use and enjoy a dwelling; or(C) In connection with the design and construction of
covered multifamily dwellings for first occupancy after the
date that is thirty months after the date of enactment of
the West Virginia fair housing act, a failure to design and
construct those dwellings in such a manner that:

(i) The public use and common use portions of such
dwellings are readily accessible to and usable by
handicapped persons;(ii) All the doors designed to allow passage into and
within all premises within such dwellings are sufficiently
wide to allow passage by handicapped persons in
wheelchairs; and(iii) All premises within such dwellings contain the
following features of adaptive design:

(I) An accessible route into and through the
dwelling;(II) light switches, electrical outlets, thermostats
and other environmental controls in accessible
locations;(III) reinforcements in bathroom walls to allow
later installation of grab bars; and (IV) usable
kitchens and bathrooms such that an individual in a
wheelchair can maneuver about the space.

(4) Compliance with the appropriate requirements of the
American national standard for buildings and facilities
providing accessibility and usability for physically
handicapped people, commonly cited as ANSI A117.1, suffices to
satisfy the requirements of subparagraph (3)(C)

(iii)of this subdivision.

(5)(A) If a unit of general local government has
incorporated into its laws the requirements set forth in
subparagraph (3)(C) of this subdivision, compliance with such
laws shall be deemed to satisfy the requirements of that
subparagraph. (B) The commission or unit of general local
government may review and approve newly constructed covered
multifamily dwellings for the purpose of making determinations
as to whether the design and construction requirements of
subparagraph (3)(C) of this subdivision are met. (C) The
commission shall encourage, but may not require, units of
local government to include in their existing procedures for
the review and approval of newly constructed covered
multifamily dwellings, determinations as to whether the design
and construction of such dwellings are consistent with
subparagraph (3)(C) of this subdivision, and may provide
technical assistance to units of local government and other
persons to implement the requirements of such subparagraph.

(D) Nothing in this article shall be construed to
require the commission to review or approve the plans,
designs or construction of all covered multifamily dwellings
to determine whether the design and construction of such
dwellings are consistent with the requirements of
subparagraph (3)(C) of this subdivision.

(6) (A) Nothing in paragraph (5) of this subdivision shall
be construed to affect the authority and responsibility of the
commission or a local public agency to receive and process
complaints or otherwise engage in enforcement activities under
this article.

(B) Determinations by a unit of general local government
under subparagraphs (5)(A) and (B) of this subdivision shall
not be conclusive in enforcement proceedings under this
article.

(7) As used in this section, the term "covered
multifamily dwellings" means:

(A) Buildings consisting of four or more units if such
buildings have one or more elevators; and(B) ground floor units in other buildings consisting of
four or more units.

(8) Nothing in this article shall be construed to
invalidate or limit any law of this state or any political
subdivision hereof that requires dwellings to be designed and
constructed in a manner that affords handicapped persons
greater access than is required by this article.(9) Nothing in this section requires that a dwelling be
made available to an individual whose tenancy would constitute
a direct threat to the health or safety of other individuals
or whose tenancy would result in substantial physical damage
to the property of others. The burden of proving such threat
to health or safety or the likelihood of such damage shall be
upon the respondent.

(a) It shall be unlawful for any person or other entity whose
business includes engaging in residential real estate-related
transactions to discriminate against any person in making
available such a transaction or in the terms or conditions of such
a transaction because of race, color, religion, sex, blindness,
handicap, familial status, ancestry or national origin.(b) As used in this section, the term "residential real
estate-related transaction" means any of the following:

(1) The making or purchasing of loans or providing other
financial assistance:

(2) The selling, brokering or appraising of residential real
property.

(c) Nothing in this article prohibits a person engaged in the
business of furnishing appraisals of real property to take into
consideration factors other than race, color, religion, national
origin, ancestry, sex, blindness, handicap or familial status.

§5-11A-7. Discrimination in provision of brokerage services.

It shall be unlawful to deny any person access to or
membership or participation in any multiple listing service, real
estate broker's organization or other service, organization or
facility relating to the business of selling or renting dwellings,
or to discriminate against him or her in the terms or conditions
of such access, membership or participation on account of race,
color, religion, sex, blindness, handicap, familial status,
ancestry or national origin.

§5-11A-8. Religious organization or private club exemption.

(a) Nothing in this article shall prohibit a religious
organization, association or society, or any nonprofit institution
or organization operated, supervised or controlled by or in
conjunction with a religious organization, association or society,
from limiting the sale, rental or occupancy of dwellings which it
owns or operates for other than a commercial purpose to persons of
the same religion, or from giving preference to such persons,
unless membership in such religion is restricted on account of
race, color or national origin. Nor shall anything in this article
prohibit a private club not in fact open to the public, which as
an incident to its primary purpose or purposes provides lodgings
which it owns or operates for other than a commercial purpose,
from limiting the rental or occupancy of such lodgings to its
members or from giving preference to its members.(b) (1) Nothing in this article limits the applicability of
any reasonable local, state or federal restrictions regarding the
maximum number of occupants permitted to occupy a dwelling. Nor
does any provision in this article regarding familial status apply
with respect to housing for older persons.

(2) As used in this section, "housing for older
persons" means housing:

(A) Provided under any state or federal program that the
secretary of the United States department of housing and urban
development determines is specifically designed and operated
to assist elderly persons, as defined in the state or federal
program; or(B) Intended for, and solely occupied by, persons
sixty-two years of age or older; or(C) Intended and operated for occupancy by at least one
person fifty-five years of age or older per unit. In
determining whether housing qualifies as housing for older
persons under this subsection, the commission shall develop
regulations which require at least the following factors:

(i) The existence of significant facilities and services
specifically designed to meet the physical or social needs
of older persons, or if the provision of such facilities and
services is not practicable, that such housing is necessary
to provide important housing opportunities for older
persons;(ii) that at least eighty percent of the units are
occupied by at least one person fifty-five years of age or
older per unit; and (iii) the publication of, and adherence
to, policies and procedures which demonstrate an intent by
the owner or manager to provide housing for persons
fifty-five years of age or older.

(3) Housing shall not fail to meet the requirements for
housing for older persons by reason of:

(A) Persons residing in such housing as of the date of
enactment of this article who do not meet the age requirements
of subdivision (2)(B) or (C) of this subsection: Provided,
That new occupants of such housing meet the age requirements
of such subdivisions; or(B) unoccupied units: Provided, however, That such units
are reserved for occupancy by persons who meet the age
requirements of subdivision (2)(B) or (C) of this subsection.

(4) Nothing in this article prohibits conduct against a
person because such person has been convicted by any court of
competent jurisdiction of the illegal manufacture or
distribution of a controlled substance as defined in Section 102
of the Controlled Substances Act, Title 21, United States Code,
Section 802.

§5-11A-9. Administration; authority and responsibility;
delegation of authority; appointment of administrative law judges;
location of conciliation meetings; administrative review;
cooperation of the commission and executive departments and agencies
to further fair housing purposes; functions of the commission.

The authority and responsibility for administering this
article shall be in the West Virginia human rights commission. The
commission may delegate any of its functions, duties and powers to
employees of the human rights commission, including functions,
duties and powers with respect to investigating, conciliating,
hearing, determining, ordering, certifying, reporting or otherwise
acting as to any work, business or matter under this article. The
person to whom such delegations are made with respect to hearing
functions, duties and powers shall be a licensed attorney. Insofar
as possible, conciliation meetings shall be held in the county
where the discriminatory housing practices allegedly occurred. The
commission shall by rule prescribe such rights of appeal from the
decisions of its administrative law judges to other administrative
law judges or to other officers in the commission, to boards of
officers or to itself, as shall be appropriate and in accordance
with law. All executive departments and agencies shall administer
their programs and activities relating to housing, including any
agency having regulatory or supervisory authority over financial
institutions, in a manner affirmatively to further the purposes of
this article and shall cooperate with the commission to further
such purposes. The commission may:

(1) Make studies with respect to the nature and extent of
discriminatory housing practices in representative communities,
urban, suburban and rural, throughout the state;(2) Publish and disseminate reports, recommendations and
information derived from such studies, including reports to the
Legislature specifying the nature and extent of progress made
statewide in eliminating discriminatory housing practices and
furthering the purposes of this article, obstacles remaining to
achieving equal housing opportunity and recommendations for
further legislative or executive action;(3) Cooperate with and execute such cooperative agreements
with federal agencies as are necessary to carry out the
provisions of this article; and(4) Administer the programs and activities relating to fair
housing in a manner affirmatively to further the policies of
this article.

Immediately upon the effective date of this article, the
commission shall commence such educational and conciliatory
activities as in its judgment will further the purposes of this
article. It may call conferences of persons in the housing
industry and other interested parties to acquaint them with the
provisions of this article and its suggested means of implementing
it, and may endeavor with their advice to work out programs of
voluntary compliance and of enforcement. It may pay per diem,
travel and transportation expenses for persons attending such
conferences as permitted by law. It may consult with local
officials and other interested parties to learn the extent, if
any, to which housing discrimination exists in their locality, and
whether and how local enforcement programs might be utilized to
combat such discrimination in connection with the commission's
enforcement of this article. The commission shall issue reports on
such conferences and consultations as it deems appropriate.

(a) (1) (A) An aggrieved person may, not later than one year
after an alleged discriminatory housing practice has occurred or
terminated, file a complaint with the commission alleging a
discriminatory housing practice. The commission, on the
commission's own initiative, may also file such a complaint. Such
complaint shall be in writing and shall contain such information
and be in such form as the commission requires. The commission may
also investigate housing practices to determine whether a
complaint should be brought under this section.(B) Upon the filing of such complaint:

(i) The commission shall serve notice upon the aggrieved
person acknowledging such filing and advising the aggrieved
person of the time limits and choice of forums provided under
this article;(ii) the commission shall, not later than ten days after
such filing or the identification of an additional respondent
under paragraph (2) of this subsection, serve on the respondent
a notice identifying the alleged discriminatory housing practice
and advising such respondent of the procedural rights and
obligations of respondents under this article, together with a
copy of the original complaint;(iii) each respondent may file, not later than ten days
after receipt of notice from the commission, an answer to such
complaint; and(iv) unless it is impracticable to do so, the commission
shall make an investigation of the alleged discriminatory
housing practice and complete such investigation within one
hundred days after the filing of the complaint.

(C) If the commission is unable to complete the investigation
within one hundred days after the filing of the complaint, the
commission shall notify the complainant and respondent in writing
of the reasons for not doing so.(D) Complaints and answers shall be under oath or affirmation
and may be reasonably and fairly amended at any time. (2) (A) A
person who is not named as a respondent in a complaint, but who is
identified as a respondent in the course of investigation, may be
joined as an additional or substitute respondent upon written
notice, under paragraph (1) of this subsection, to such person,
from the commission.

(B) Such notice, in addition to meeting the requirements of
paragraph (1) of this subsection, shall explain the basis for
the commission's belief that the person to whom the notice is
addressed is properly joined as a respondent. (b) (1) During the
period beginning with the filing of such complaint and ending
with the filing of a charge or a dismissal by the commission,
the commission shall, to the extent feasible, engage in
conciliation with respect to such complaint.(2) A conciliation agreement arising out of such
conciliation shall be an agreement between the respondent and
the complainant and shall be subject to approval by the
commission.(3) A conciliation agreement may provide for binding
arbitration of the dispute arising from the complaint. Any such
arbitration that results from a conciliation agreement may award
appropriate relief, including monetary relief. (4) Each
conciliation agreement shall be made public unless the
complainant and respondent otherwise agree and the commission
determines that disclosure is not required to further the
purposes of this article.(5)

(A) At the end of each investigation under this section,
the commission shall prepare a final investigative report
containing:

(i) The names and dates of contacts with witnesses;(ii) a summary and the dates of correspondence and other
contacts with the aggrieved person and the respondent;(iii) a summary description of other pertinent records;(iv) a summary of witness statements; and(v) answers to interrogatories.

(B) A final report under this paragraph may be amended if
additional evidence is later discovered.

(c) Whenever the commission has reasonable cause to believe
that a respondent has breached a conciliation agreement, the
commission shall refer the matter to the attorney general with a
recommendation that a civil action be filed under section fifteen
of this article for the enforcement of such agreement.(d) Nothing said or done in the course of conciliation under
this article may be made public or used as evidence in a
subsequent proceeding under this article without the written
consent of the persons concerned, except the commission shall make
available to the aggrieved person and the respondent, at any time,
upon request following completion of the commission's
investigation, information derived from an investigation and any
final investigative report relating to that investigation.(e)

(1) If the commission concludes at any time following the
filing of a complaint that prompt judicial action is necessary
to carry out the purposes of this article, the commission may
authorize a civil action for appropriate temporary or
preliminary relief pending final disposition of the complaint
under this section. Upon receipt of such authorization, the
attorney general shall promptly commence and maintain such an
action. Any temporary injunction or other order granting
preliminary or temporary relief shall be issued in accordance
with the West Virginia rules of civil procedure. The
commencement of a civil action under this subsection does not
affect the initiation or continuation of administrative
proceedings under this section and section thirteen of this
article.(2) Whenever the commission has reason to believe that a
basis may exist for the commencement of proceedings against any
respondent under subsections (a) and (b), section fifteen of
this article or for proceedings by any governmental licensing or
supervisory authorities, the commission shall transmit the
information upon which such belief is based to the attorney
general, or to such authorities, as the case may be.

(f)

(1) The commission shall within one hundred days after the
filing of the complaint determine, based on the facts, whether
reasonable cause exists to believe that a discriminatory housing
practice has occurred or is about to occur, unless it is
impracticable to do so, or unless the commission has approved a
conciliation agreement with respect to the complaint. If the
commission is unable to make the determination within one
hundred days after the filing of the complaint, the commission
shall notify the complainant and respondent in writing of the
reasons for not doing so.(2)

(A) If the commission determines that reasonable cause
exists to believe that a discriminatory housing practice has
occurred or is about to occur, the commission shall, except as
provided in subparagraph (C), immediately issue a charge on
behalf of the aggrieved person, for further proceedings under
section thirteen of this article.(B) Such charge:

(i) Shall consist of a short and plain statement of the
facts upon which the commission has found reasonable cause
to believe that a discriminatory housing practice has
occurred or is about to occur; (ii) shall be based on the
final investigative report; and(iii) need not be limited to the facts or grounds
alleged in the complaint filed under subsection (a) of this
section.

(C) If the commission determines that the matter involves
the legality of any state or local zoning or other land use
law or ordinance, the commission shall immediately refer the
matter to the attorney general for appropriate action under
section fifteen of this article, instead of issuing such
charge.

(3) If the commission determines that no reasonable cause
exists to believe that a discriminatory housing practice has
occurred or is about to occur, the commission shall promptly
dismiss the complaint. The commission shall make public
disclosure of each such dismissal.(4) The commission may not issue a charge under this section
regarding an alleged discriminatory housing practice after the
beginning of the trial of a civil action commenced by the
aggrieved party under an act of Congress or a state law seeking
relief with respect to that discriminatory housing practice.

(g) After the commission issues a charge under this section,
the commission shall cause a copy thereof, together with
information as to how to make an election under subsection (a),
section thirteen of this article and the effect of such an
lection, to be served:

(1) On each respondent named in such charge, together with a
notice of opportunity for a hearing at a time and place
specified in the notice, unless that election is made; and(2) on each aggrieved person on whose behalf the complaint
was filed.

The commission may, in accordance with this subsection, issue
subpoenas and order discovery in aid of investigations and
hearings under this article. Such subpoenas and discovery may be
ordered to the same extent and subject to the same limitations as
would apply if the subpoenas or discovery were ordered or served
in aid of a civil action in the circuit courts of this state.
Witnesses summoned by a subpoena under this article shall be
entitled to the same witness and mileage fees as witnesses in
proceedings in the circuit courts of this state. Fees payable to a
witness summoned by a subpoena shall be paid by the commission,
the complainant or the respondent in accordance with section one,
article five, chapter twenty-nine-a of this code. Enforcement of
subpoenas may be had in the circuit courts of this state as set
out in section one, article five, chapter twenty-nine-a of this
code.

(a) When a charge is filed under section eleven of this
article, a complainant, a respondent or an aggrieved person on
whose behalf the complaint was filed, may elect to have the claims
asserted in that charge decided in a civil action under subsection
(o) of this section in lieu of a hearing under subsection (b) of
this section. The election must be made not later than twenty days
after the receipt by the electing person of service under section
eleven of this article or, in the case of the commission, not
later than twenty days after such service. The person making such
election shall give notice of doing so to the commission and to
all other complainants and respondents to whom the charge relates.(b) If an election is not made under subsection (a) of this
section with respect to a charge filed under section eleven of
this article, the commission shall provide an opportunity for a
hearing on the record with respect to a charge issued under said
section. The commission shall delegate the conduct of a hearing
under this section to an administrative law judge who shall be a
licensed attorney. The administrative law judge shall conduct the
hearing at a place in the county in which the discriminatory
housing practice is alleged to have occurred or is about to occur.(c) At a hearing under this section, each party may appear in
person, be represented by counsel, present evidence, cross-examine
witnesses and obtain the issuance of subpoenas under section
twelve of this article. Any aggrieved person may intervene as a
party in the proceeding. The rules of evidence apply to the
presentation of evidence in such hearing as they would in a civil
action in the circuit courts of this state. The case in support of
the complaint shall be presented before the administrative law
judge by the attorney general.(d)

(1) Discovery in administrative proceedings under this
section shall be conducted as expeditiously and inexpensively as
possible, consistent with the need of all parties to obtain
relevant evidence.(2) A hearing under this section shall be conducted as
expeditiously and inexpensively as possible, consistent with the
needs and rights of the parties to obtain a fair hearing and a
complete record.(3) The commission shall, not later than one hundred eighty
days after the date of enactment of this subsection, issue rules
to implement this subsection.

(e) Any resolution of a charge before a final order under this
section shall require the consent of the aggrieved person on whose
behalf the charge is issued.(f) An administrative law judge may not continue
administrative proceedings under this section regarding any
alleged discriminatory housing practice after the beginning of the
trial of a civil action commenced by the aggrieved party under an
act of Congress or a state law seeking relief with respect to that
discriminatory housing practice.(g)

(1) The administrative law judge shall commence the hearing
under this section no later than one hundred twenty ways
following the issuance of the charge, unless it is impracticable
to do so. If the administrative law judge is unable to commence
the hearing within one hundred twenty days after the issuance of
the charge, the administrative law judge shall notify the
commission, the aggrieved person on whose behalf the charge was
filed and the respondent in writing of the reasons for not doing
so.(2) The administrative law judge shall make findings of fact
and conclusions of law within sixty days after the end of the
hearing under this section, unless it is impracticable to do so.
If the administrative law judge is unable to make findings of
fact and conclusions of law within such period, or any
succeeding sixty-day period thereafter, the administrative law
judge shall notify the commission, the aggrieved person on whose
behalf the charge was filed and the respondent in writing of the
reasons for not doing so.(3) If the administrative law judge finds that a respondent
has engaged or is about to engage in a discriminatory housing
practice, such administrative law judge shall promptly issue an
order for such relief as may be appropriate, which may include
actual damages suffered by the aggrieved person and injunctive
or other equitable relief. Such rder may, to vindicate the
public interest, assess a civil penalty against the respondent:
(A) In an amount not exceeding ten thousand dollars if the
respondent has not been adjudged to have committed any prior
discriminatory housing practice; (B) in an amount not exceeding
twenty-five thousand dollars if the respondent has been adjudged
to have committed one other discriminatory housing practice
during the five-year period ending on the date of the filing of
this charge; and (C) in an amount not exceeding fifty thousand
dollars if the respondent has been adjudged to have committed
two or more discriminatory housing practices during the
seven-year period ending on the date of the filing of this
charge; except that if the acts constituting the discriminatory
housing practice that are the object of the charge are committed
by the same natural person who has been previously adjudged to
have committed acts constituting a discriminatory housing
practice, then the civil penalties set forth in subparagraphs
(B) and (C) may be imposed without regard to the period of time
within which any subsequent discriminatory housing practice
occurred.(4) No such order shall affect any contract, sale,
encumbrance or lease consummated before the issuance of such
order and involving a bona fide purchaser, encumbrancer or
tenant without actual notice of the charge filed under this
article.(5) In the case of an order with respect to a discriminatory
housing practice that occurred in the course of a business
subject to licensing or regulation by a governmental agency, the
commission shall, not later than thirty days after the date of
the issuance of such order or, if such order is judicially
reviewed, thirty days after such order is in substance affirmed
upon such review:

(A) Send copies of the findings of fact, conclusions of
law and the order to that governmental agency; and (B)
recommend to that governmental agency appropriate disciplinary
action, including, where appropriate, the suspension or
revocation of the license of the respondent.

(6) In the case of an order against a respondent against
whom another order was issued within the preceding five years
under this section, the commission shall send a copy of each
such order to the attorney general.(7) If the administrative law judge finds that the
respondent has not engaged or is not about to engage in a
discriminatory housing practice, as the case may be, such
administrative law judge shall enter an order dismissing the
charge. The commission shall make public disclosure of each such
dismissal.

(h)

(1) The commission may review any finding, conclusion or
order issued under subsection (g) of this section. Such review
shall be completed not later than thirty days after the finding,
conclusion or order is so issued; otherwise the finding,
conclusion or order becomes final.(2) The commission shall cause the findings of fact and
conclusions of law made with respect to any final order for
relief under this section, together with a copy of such order,
to be served on each aggrieved person and each respondent in the
proceeding.

(i)

(1) Any party aggrieved by a final order for relief under
this section granting or denying, in whole or in part, the
relief sought may obtain a review of such order under section
four, article five, chapter twenty-nine-a of this code.(2) Notwithstanding chapter twenty-nine-a of this code,
venue of the proceeding shall be in the judicial circuit in
which the discriminatory housing practice is alleged to have
occurred and filing of the petition for review shall be not
later than thirty days after the order is entered.

(j)

(1) The commission may petition the circuit court in the
circuit in which the discriminatory housing practice is alleged
to have occurred or in which any respondent resides or transacts
business for the enforcement of the order of the administrative
law judge and for appropriate temporary relief or injunctive
relief by filing in such court a written petition praying that
such order be enforced and for appropriate temporary relief or
injunctive relief.(2) The commission shall file in court with the petition the
record in the proceeding. A copy of such petition shall be
forthwith transmitted by the clerk of the court to the parties
to the proceeding before the administrative law judge.

(k)

(1) Upon the filing of a petition under subsection (i) or
(j) of this section, the court may:

(A) Grant to the petitioner, or any other party, such
temporary relief, injunction or other order as the court deems
just and proper;(B) Affirm the order or decision of the administrative law
judge or remand the case for further proceedings. It shall
reverse, vacate or modify the order or decision of the
administrative law judge if the substantial rights of the
parties have been prejudiced because the administrative
findings, inferences, conclusions, decision or order are:

(i) In violation of constitutional or statutory
provisions; or(ii) in excess of the statutory authority or
jurisdiction of the commission; or(iii) made upon unlawful procedures; or(iv) affected by other error of law; or(v) clearly wrong in view of the reliable, probative and
substantial evidence on the whole record; or (vi) arbitrary
or capricious or characterized by abuse of discretion or
clearly unwarranted exercise of discretion; and

(C) Enforce such order to the extent that such order is
affirmed or modified.

(2) Any party to the proceeding before the administrative
law judge may intervene in the circuit court.(3) No objection not made before the administrative law
judge shall be considered by the court, unless the failure or
neglect to urge such objection is excused because of
extraordinary circumstances.(4) The judgment of the circuit court shall be final unless
reversed, vacated or modified on appeal to the supreme court of
appeals of this state in accordance with the provisions of
section one, article six, chapter twenty-nine-a of this code.

(l) If no petition for review is filed under subsection (i) of
this section before the expiration of forty-five days after the
date the administrative law judge's order is entered, the
administrative law judge's findings of fact and order shall be
conclusive in connection with any petition for enforcement:

(1) Which is filed by the commission under subsection (j) of
this section after the end of such day; or(2) under subsection (m) of this section.

(m) If before the expiration of sixty days after the date the
administrative law judge's order is entered, no petition for
review has been filed under subsection (i) of this section, and
the commission has not sought enforcement of the order under
subsection (j) of this section, any person entitled to relief
under the order may petition for a decree enforcing the order in
the circuit court for the circuit in which the discriminatory
housing practice is alleged to have occurred.(n) The judge of the circuit court in which a petition for
enforcement is filed under subsection (l) or (m) of this section
shall forthwith enter a decree enforcing the order and shall
transmit a copy of such decree to the commission, the respondent
named in the petition and to any other parties to the proceeding
before the administrative law judge. The judgment of the circuit
court shall be final unless reversed, vacated or modified on
appeal to the supreme court of appeals pursuant to section one,
article six, chapter twenty-nine-a of this code.(o)

(1) If an election is made under subsection (a) of this
section, the commission shall authorize, and not later than
thirty days after the election is made the attorney general
shall commence and maintain, a civil action on behalf of the
aggrieved person in the appropriate circuit court seeking relief
under this subsection. Venue for such civil action shall be in
the circuit court in the county in which the alleged
discriminatory housing practice occurred.(2) Any aggrieved person with respect to the issues to be
determined in a civil action under this subsection may intervene
as of right in that civil action.(3) In a civil action under this subsection, if the court
finds that a discriminatory housing practice has occurred or is
about to occur, the court may grant as relief any relief which a
court could grant with respect to such discriminatory housing
practice in a civil action under section fourteen of this
article. Any relief so granted that would accrue to an aggrieved
person in a civil action commenced by that aggrieved person
under said section shall also accrue to that aggrieved person in
a civil action under this subsection. If monetary relief is
sought for the benefit of an aggrieved person who does not
intervene in the civil action, the court shall not award such
relief if that aggrieved person has not complied with discovery
orders entered by the court.

(p) In any administrative proceeding brought under this
section, or any court proceeding arising therefrom, or any civil
action under section fourteen of this article, the administrative
law judge or the court, as the case may be, in its discretion, may
allow a prevailing complainant a reasonable attorney's fee and
costs.

(a) (1) (A) An aggrieved person may commence a civil action in
an appropriate circuit court not later than two years after the
occurrence or the termination of an alleged discriminatory housing
practice, or the breach of a conciliation agreement entered into
under this article, whichever occurs last, to obtain appropriate
relief with respect to such discriminatory housing practice or
breach. (B) The computation of such two-year period shall not
include any time during which an administrative proceeding under
this article was pending with respect to a complaint or charge
under this article based upon such discriminatory housing
practice. This subparagraph does not apply to actions arising from
a breach of a conciliation agreement.

(2) An aggrieved person may commence a cvil action under
this subsection whether or not a complaint has been filed under
subsection (a), section eleven of this article and without
regard to the status of any such complaint, but if the
commission has obtained a conciliation agreement with the
consent of an aggrieved person, no action may be filed under
this subsection by such aggrieved person with respect to the
alleged discriminatory housing practice which forms the basis
for such complaint except for the purpose of enforcing the terms
of such an agreement.(3) An aggrieved person may not commence a civil action
under this subsection with respect to an alleged discriminatory
housing practice which forms the basis of a charge issued by the
commission if an administrative law judge has commenced a
hearing on the record under this article with respect to such
charge.

(b) Upon application by a person alleging a discriminatory
housing practice, the court may:

(1) Appoint an attorney for such person; or(2) authorize the commencement or continuation of a civil
action under subsection (a) of this section without the payment
of fees, costs or security, if in the opinion of the court such
person is financially unable to bear the costs of such action.

(c) (1) In a civil action under subsection (a) of this
section, if the court finds that a discriminatory housing practice
has occurred or is about to occur, the court may award to the
complainant actual and punitive damages, and subject to ubsection
(d) of this section, may grant as relief, as the court deems
appropriate, any permanent or temporary injunction or other order,
including an order enjoining the respondent from engaging in such
practice or ordering such affirmative action as may be
appropriate.

(2) In a civil action under subsection (a) of this section,
the court, in its discretion, may allow a prevailing complainant
a reasonable attorney's fee and costs.

(d) Relief granted under this section shall not affect any
contract, sale, encumbrance or lease consummated before the
granting of such relief and involving a bona fide purchaser,
encumbrancer or tenant without actual notice of the filing of a
complaint with the commission or civil action under this section.(e) Upon timely application, the attorney general may
intervene in such civil action, if the attorney general certifies
that the case is of general public importance. Upon such
intervention the attorney general may obtain such relief as would
be available to the attorney general under subsection (d), section
fifteen of this article in a civil action to which such section
applies.

(a) Whenever the attorney general has reasonable cause to
believe that any person or group of persons is engaged in a
pattern or practice of resistance to the full enjoyment of any of
the rights granted by this article, or that any group of persons
has been denied any of the rights granted by this article and such
denial raises an issue of general public importance, the attorney
general may commence a civil action in any appropriate circuit
court.(b) (1) The attorney general may commence a civil action in
any appropriate circuit court for appropriate relief with respect
to a discriminatory housing practice referred to the attorney
general by the commission under subsection (f), section eleven of
this article. A civil action under this paragraph may be commenced
not later than the expiration of eighteen months after the date of
the occurrence or the termination of the alleged discriminatory
housing practice.

(2) The attorney general may commence a civil action in any
appropriate circuit court for appropriate relief with respect to
breach of a conciliation agreement referred to the attorney
general by the commission under subsection (c), section eleven
of this article. A civil action may be commenced under this
paragraph not later than the expiration of ninety days after the
referral of the alleged breach under subsection (c), section
eleven of this article.

(c) The attorney general, on behalf of the commission or other
party at whose request a subpoena is issued under this article,
may enforce such subpoena in appropriate proceedings in the
circuit court for the circuit in which the person to whom the
subpoena was addressed resides, was served or transacts business.(d) (1) In a civil action under subsection (a) or (b) of this
section, the court:

(A) May award such preventive relief, including a permanent
or temporary injunction or other order against the person
responsible for a violation of this article as is necessary to
assure the full enjoyment of the rights granted by this article;(B) May award such other relief as the court deems
appropriate, including monetary damages to persons aggrieved;
and(C) May, to vindicate the public interest, assess a civil
penalty against the respondent:

(i) In an amount not exceeding fifty thousand dollars for
a first violation; and (ii) in an amount not exceeding one
hundred thousand dollars for any subsequent violation.

(2) In a civil action under this section, the court, in its
discretion, may allow a prevailing complainant a reasonable
attorney's fee and costs.(e) Upon timely application, any person may intervene in a
civil action commenced by the attorney general under subsection
(a) or (b) of this section which involves an alleged
discriminatory housing practice with respect to which such
person is an aggrieved person or a conciliation agreement to
which such person is a party. The court may grant such
appropriate relief to any such intervening party as is
authorized to be granted to a complainant in a civil action
under section fourteen of this article.

It shall be unlawful to coerce, intimidate, threaten or
interfere with any person in the exercise or enjoyment of, or on
account of his having exercised or enjoyed, or on account of his
having aided or encouraged any other person in the exercise or
enjoyment of, any right granted or protected by section four,
five, six or seven of this article.

§5-11A-17. Cooperation with local agencies administering fair
housing laws; utilization of services and personnel; reimbursement;
written agreements; publication in state register.

The commission may cooperate with local agencies charged with
the administration of local fair housing laws and, with the
consent of such agencies, utilize the services of such agencies
and their employees and, to the extent permitted by law, may
reimburse such agencies and their employees for services rendered
to assist it in carrying out this article. In furtherance of such
cooperative efforts, the commission may enter into written
agreements with such local agencies. All agreements and
terminations thereof shall be published in the state register.

§5-11A-18. Effect on other laws.

Nothing in this article shall be construed to invalidate or
limit any law of this state or of any political subdivision of
this state, that grants, guarantees or protects the same rights as
are granted by this article; but any law of this state or any
political subdivision hereof that purports to require or permit
any action that would be a discriminatory housing practice under
this article shall to that extent be invalid.

§5-11A-19. Severability of provisions.

If any provision of this article or the application thereof to
any person or circumstances is held invalid, the remainder of the
article and the application of the provision to other persons not
similarly situated or to other circumstances shall not be affected
thereby.

§5-11A-20. Rules to implement article.

In consultation with other appropriate agencies, the
commission shall, not later than the one hundred eightieth day
after the date of the enactment of this article, issue rules to
implement it. Such rules may include provision for the collection,
maintenance and analysis of appropriate data to carry out this
article. The commission shall comply with article three, chapter
twenty-nine-a of this code when promulgating rules.